Ex-East Haven Officer Gets 30 Months In Civil Rights Case

HARTFORD - — Even after rejecting all of the arguments for leniency, a federal judge Tuesday gave former East Haven police officer David Cari 30 months in prison, less than the sentencing guidelines.

Cari had been facing 33-41 months after a jury found him guilty in October of three charges related to a civil rights probe of the department, including writing a false report after he arrested a priest inside an East Haven convenience store.

Cari, 36, has already served three months, having opted to go to prison while awaiting sentencing. U.S. District Court Judge Alvin Thompson granted Cari's request Tuesday to be released on bond, over the government's objections. Cari must report to prison on Feb. 25.

Thompson postponed the sentencing of former officer Dennis Spaulding, who was convicted by the same jury of six federal charges, until Thursday because of the weather.

Thompson called the 30-month sentence a fair one that would send a message to other officers and serve as just punishment. Thompson rejected defense arguments that Cari's criminal actions were the result of post-traumatic stress disorder suffered when he was shot while apprehending a suspect in 2010.

The arrests of a group of East Haven officers ended a four-year probe into allegations that town police routinely discriminated against some minorities. The case against Cari and Spaulding began after the pair arrested the Rev. James Manship, who was videotaping the officers' actions inside an East Haven convenience store.

Cari and Spaulding were charged with conspiracy against civil rights, deprivation of rights for making arrests without probable cause and obstruction of justice for writing a false police report in Manship's arrest.

Cari wrote 27 versions of the report in Manship's case. Spaulding also faced a charge of using unreasonable force. They were convicted of all charges.

"It concerns me that he wants credit for exceptional things he did as an officer while he was trying to destroy the career of someone else who was all about serving people," Thompson said. "This was a calculated attempt to cast the victim in as negative a light as possible. The defendant realized that James Manship was a priest and knew he had made a serious mistake and still went well out of his way to discredit the priest. "

Two other officers who were arrested in 2012 – Sgt. John Miller and Officer Jason Zullo –pleaded guilty. Zullo was sentenced to two years in prison in December. Miller is scheduled to be sentenced in February.

In front of a packed courtroom Tuesday, Cari addressed the court before his sentencing. Wearing a navy blue suit rather than the tan prison outfit he wore at a court appearance last week, Cari did not mention the charges against him or apologize during his short speech.

He did make it clear that he didn't want to be lumped in with the other East Haven officers accused of racially profiling Latinos.

"When I walked into (prison) I was known as that racist cop from East Haven who arrested Latinos, but I want to make clear I am not a racist and have never arrested anyone based on their race," he said.

Cari then told the judge "I assure you no matter what the sentence today you will never hear my name in a negative way again."

Several others spoke on Cari's behalf including a state trooper who also was shot in the same incident on the Pearl Harbor Memorial Bridge in New Haven and an East Haven priest, Thomas A. Sievel, who reached out to Cari after the former officer had made a donation last year to a fund started to help the family whose house was destroyed when a small plane crashed into it.

"Mercy is a companion of justice and we need both right now in East Haven,'' Sievel said. "I believe that East Haven has suffered and so has David Cari."

Sievel said that his hope was to someday foster a meeting between Cari and Manship.

When addressing Thompson, Manship didn't appear interested in any détente sessions with Cari.

"I was astonished to find out there were 27 drafts of my arrest report, each one increasing in lies," said Manship Tuesday. "(Cari) lied, he perjured himself in an effort to discredit me."

Manship said that even after the guilty verdict, neither Cari nor Spaulding admitted any wrongdoing. Manship then referred to taped phone calls made while Cari was in prison, which prosecutors said show Cari defiantly saying he'd arrest Manship all over again and in which the officer he was talking to threatened to stab one of the prosecutors in the case.

It is also astounding to me that he would say on tape that he would do the same thing all over again,'' Manship said. "I can forgive Officer Cari the lies he committed against me but I cannot forgive what he did to the community. Mercy yes; but justice too."

The civil rights investigation began after Manship was arrested while trying to videotape the arrest of a Latino man inside My Country Store. Spaulding and Cari were involved in that arrest. The two officers also were caught on security tapes returning to the store after the arrests and trying to get the owner to give them copies of a security tape. They are seen walking into the back room of the store searching for the tapes.

After Manship's arrest, a federal civil rights lawsuit prepared with the assistance of the Jerome N. Frank Legal Services Organization at Yale University was filed against the department. Nine plaintiffs alleged racial profiling and the use of excessive force by police. The lawsuit has been put on hold until the criminal proceedings are completed.